ContractsIntermediateNorth Carolina Exam

Under the NC Offer to Purchase, if a buyer terminates AFTER the due diligence period without a valid contractual reason, what happens to the earnest money deposit?

AIt is returned to the buyer
BIt is forfeited to the sellerCorrect
CIt is split equally between buyer and seller
DIt is returned to the listing broker's trust account

Why It is forfeited to the seller Is Correct

Answer B: It is forfeited to the seller

If a buyer defaults after the due diligence period, the earnest money deposit is forfeited to the seller as liquidated damages under the standard NC contract.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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